Ex Parte Hamel - Page 1






                                       The opinion in support of the decision being entered                                           
                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.                                                                            
                                                                                              Paper No. 29                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                   Ex parte SCOTT M. HAMEL                                                            
                                                         ______________                                                               
                                                      Appeal No. 2004-0951                                                            
                                                      Application 09/498,309                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before PAK, WARREN and OWENS, Administrative Patent Judges.                                                            
               WARREN, Administrative Patent Judge.                                                                                   
                                                 Decision on Appeal and Opinion                                                       
                       We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                        
               the opposing views of the examiner, in the answer, and appellant, in the brief and reply brief, and                    
               based on our review, find that we cannot sustain the rejection of appealed claims 1 through 5 and                      
               22 under 35 U.S.C. § 103(a) as being unpatentable over the admitted prior art in the specification                     
               at page 1, line 15, through page 3, line 6, and FIGs. 1A and 1B of the specification, in view of                       
               Suzuki et al. (Suzuki ‘743);  and of appealed claims 6 through 9 under 35 U.S.C. § 103(a) as                           
               being unpatentable over the admitted prior art in the specification at page 1, line 15, through page                   
               3, line 6, and FIGs. 1A and 1B of the specification, in view of Suzuki ‘743 and further in view of                     





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